Updated August 30, 2019

VINAY HARPALANI______________ _ . University of New Mexico School of Law (215) 873-4476

1117 Stanford Drive NE vinay.harpalani@gmail.edu

Albuquerque, NM 87131-0001

ACADEMIC APPOINTMENTS

2019- University of New Mexico School of Law, Associate Professor of Law

2018-19 Drake University Law School, Visiting Professor of Law

Drake Constitutional Law Center, Visiting Scholar

2014-19 Savannah Law School, Associate Professor of Law

2012-14 Chicago-Kent College of Law, Visiting Assistant Professor of Law

2010-12 Seattle University School of Law, Fred T. Korematsu Teaching Fellow

2009-10 New York University School of Law, Derrick Bell Fellow

EDUCATION

2006-09 New York University School of Law, J.D. (2009)

New York University Law Review (Articles Editor)

Arthur Garfield Hays Fellow – Palmer Weber Fellowship in Civil Rights

Derrick A. Bell, Jr. Scholarship for Public Service

Gary E. Moncrieffe Award (“outstanding student in Racism and Law”)

Vanderbilt Medal (“outstanding contributions to the School of Law”)

1997-2005 University of Pennsylvania, Ph.D., Education (2005)

Master of Bioethics (2004); Master of Science in Education (1999)

Awarded “distinction” for dissertation and oral defense

American Educational Research Association (AERA) Dissertation Grant

Spencer Foundation Urban Education Pre-doctoral Fellowship

Martin Luther King, Jr. Award (“outstanding service to the University”)

Dean’s Award for Outstanding Student Leadership

1992-97 University of Delaware, B.A., summa cum laude, Psychology (1997)

Honors B.A., summa cum laude, Biological Sciences (1996)

Nominee for Rhodes Scholarship

Barry M. Goldwater Scholarship

National Cancer Federation Fellowship

Phi Beta Kappa (won chapter award for “outstanding scholarly potential”)

Phi Kappa Phi National Award of Excellence

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OTHER PROFESSIONAL EXPERIENCE

2008 ACLU Racial Justice Program, Legal Intern

2008 Campaign for Educational Equity, Legal Intern

Funded by Institute for Educational Equity and Opportunity.

2005-06 University of Pennsylvania Graduate School of Education, Lecturer

1999-2003 W.E.B. Du Bois College House, Graduate Resident Advisor

Politics & Cultural Pluralism Program, Co-Founder & Director (2002-03)

1999 U.S. Department of Justice - Community Relations Service, Summer Intern

Funded by Asian Pacific American Institute for Congressional Studies.

1996-97 Network of Undergraduate Collaborative Learning Experiences for

Underrepresented Scholars (NUCLEUS), Program Assistant

PROFESSIONAL HONORS

Derrick A. Bell, Jr. Award (2017)

Awarded by Association of American Law Schools Section on Minority Groups to “a junior

faculty member who, through activism, mentoring, colleagueship, teaching and scholarship,

has made an extraordinary contribution to legal education, the legal system or social justice.”

Society of American Law Teachers Junior Faculty Award (2016)

Awarded by Society of American Law Teachers to “an outstanding recent entrant into legal

education who demonstrates a commitment to justice, equality and academic excellence.”

TEACHING EXPERIENCE

Law Courses

Constitutional Law; Civil Procedure; Employment Discrimination; Race and American Law;

Education Law; Civil Rights; State Constitutional Law; Critical Race Theory; Family

Formation and Recognition; Legal Writing

Undergraduate Courses

Psychology of Personal Growth; Race, Education, and Achievement in the U.S.

BAR ADMISSIONS

New York

U.S. Supreme Court

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PUBLICATIONS

Journal Articles

2020 Civil Rights Law in Living Color, 79 MARYLAND LAW REVIEW (forthcoming)

2019 Race-Conscious Admissions, Diversity, and Academic Freedom, 22 UNIV. OF

PENN. JOURNAL OF CONSTITUTIONAL LAW ONLINE (forthcoming)

2017 “Safe Spaces” and the Educational Benefits of Diversity, 13 DUKE JOURNAL OF

CONSTITUTIONAL LAW & PUBLIC POLICY 117

Counterstereotypic Identity Among High-Achieving Black Students, 14(1)

PERSPECTIVES ON URBAN EDUCATION 1

2016 Victory is Defeat: The Ironic Consequence of Justice Scalia’s Death for

Fisher v. University of Texas, 164 UNIV. OF PENN. LAW REVIEW ONLINE 155

Reprinted in 28 APPELLATE ADVOCACY 227 (2016).

2015 Narrowly Tailored but Broadly Compelling: Defending Race-Conscious

Admissions After Fisher, 45 SETON HALL LAW REVIEW 761

Cited in three U.S. Supreme Court amicus briefs in Fisher v. Univ. of Tex. at

Austin II, 136 S.Ct. 2198 (2016).

To Be White, Black, or Brown? South Asian Americans and the Race-Color

Distinction, 14 WASH. UNIV. GLOBAL STUDIES LAW REVIEW 609

Cited by Defendant-Appellant in People v. Bridgeforth, 69 N.E.3d 611 (N.Y.

2016).

Cited by amici curiae Fred T. Korematsu Center for Law and Equality et al. in

in People v. Bridgeforth, 69 N.E.3d 611 (N.Y. 2016).

The Double-Consciousness of Race-Consciousness and the Bermuda Triangle of

University Admissions, 17 UNIV. OF PENN. JOURNAL OF CONSTITUTIONAL LAW

821

2013 DesiCrit: Theorizing the Racial Ambiguity of South Asian Americans, 69 N.Y.U.

ANNUAL SURVEY OF AMERICAN LAW 77

Listed as suggested reading in RICHARD DELGADO & JEAN STEFANCIC,

CRITICAL RACE THEORY: AN INTRODUCTION 75 (3d ed. 2017).

Fisher’s Fishing Expedition, 15 UNIV. OF PENN. JOURNAL OF CONSTITUTIONAL

LAW HEIGHTENED SCRUTINY 57

Cited in Society of American Law Teachers amicus brief in Fisher v. Univ. of

Tex. at Austin II, 136 S.Ct. 2198 (2016).

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From Roach Powder to Radical Humanism: Professor Derrick Bell’s “Critical”

Constitutional Pedagogy, 36 SEATTLE UNIV. LAW REVIEW. xxiii

2012 Diversity Within Racial Groups and the Constitutionality of Race-Conscious

Admissions, 15 UNIV. OF PENN. JOURNAL OF CONSTITUTIONAL LAW 463

Quoted (with citation omitted) in Fisher v. University of Texas. at Austin II,

136 S.Ct. 2198, 2231 n.9 (2016) (Alito, J., dissenting).

Cited in eight U.S. Supreme Court amicus briefs in the Fisher litigation.

Cited in 24 law review articles as of June 2019.

2010 Note, Maintaining Educational Adequacy in Times of Recession: Judicial Review

of State Education Budget Cuts, 85 N.Y.U. LAW REVIEW 258

2009 Ambiguity, Ambivalence, and Awakening: A South Asian Becoming

“Critically”Aware of Race in America, 11 BERKELEY JOURNAL OF AFRICAN-

AMERICAN LAW & POLICY 71

Reprinted in 2 CRITICAL RACE THEORY IN EDUCATION: MAJOR THEMES IN

EDUCATION 93 (Adrienne D. Dixson et al. eds., 2018)

Cited in United States v. Mahbub, 818 F.3d 213, 224 n.12 (6th Cir. 2016)

Cited by Defendant-Appellant in People v. Bridgeforth (N.Y. 2016)

2004 Simple Justice or Complex Injustice?: American Racial Dynamics and the Ironies

of Brown and Grutter, 3(1) PERSPECTIVES ON URBAN EDUCATION 1

Understanding Hypermasculinity in Context: A Theory-Driven Analysis of Urban

Adolescent Males' Coping Responses, 1 RESEARCH IN HUMAN DEVELOPMENT 229

(with Margaret Beale Spencer et al.)

2003 Psychosocial Development in Racially and Ethnically Diverse Youth: Conceptual

and Methodological Challenges in the 21st Century, 15 DEVELOPMENT AND

PSYCHOPATHOLOGY 743 (with Dena Phillips Swanson et al.)

“Every Shut Eye Ain’t Sleep”: Studying How People Live Culturally, 32

EDUCATIONAL RESEARCHER 6 (with Carol D. Lee & Margaret Beale Spencer)

Vulnerability to Violence: A Contextually-Sensitive, Developmental Perspective

on African American Adolescents, 59 JOURNAL OF SOCIAL ISSUES 33 (with

Margaret Beale Spencer et al.)

Contributions, Controversies, and Criticisms: In Memory of John U. Ogbu (1939-

2003), 2 PERSPECTIVES ON URBAN EDUCATION (online) (with Raymond Gunn)

A Theoretical and Empirical Examination of Identity as Coping: Linking Coping

Resources to the Self Processes of African American Youth, 7 APPLIED

DEVELOPMENTAL SCIENCE 18 (with Margaret Beale Spencer & Suzanne Fegley)

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2002 What Does “Acting White” Really Mean?: Racial Identity Formation and

Academic Achievement among Black Youth, 1(1) PERSPECTIVES ON URBAN

EDUCATION 1

2001 Identity and School Adjustment: Questioning the "Acting White" Assumption, 36

EDUCATIONAL PSYCHOLOGIST 21 (with Margaret Beale Spencer et al.)

1996 The Athletic Dominance of African Americans - Is there a Genetic Basis?, 2

JOURNAL OF AFRICAN AMERICAN MEN 39

Reprinted in AFRICAN AMERICANS IN SPORT 103 (Gary A. Sailes ed., 1998)

Book Chapters

2016 “Gifted with a Second-Sight”: Professor Derrick Bell the Teacher, in

COVENANT KEEPER: DERRICK BELL’S ENDURING EDUCATION LEGACY 17 (Gloria

J. Ladson-Billings & William F. Tate eds.)

2015 Conceptualizing the Self, in 3 HANDBOOK OF CHILD PSYCHOLOGY AND

DEVELOPMENTAL SCIENCE 750 (Michael E. Lamb & Cynthia García Coll eds.)

(with Margaret Beale Spencer & Dena Phillips Swanson)

2008 What Does “Acting White” Actually Mean?: Racial Identity, Adolescent

Development, and Academic Achievement among Black Youth, in MINORITY

STATUS, OPPOSITIONAL CULTURE, AND SCHOOLING 222 (John U. Ogbu ed.)

(with Margaret Beale Spencer)

Colorism Embodied: Skin Tone and Psychosocial Well-Being in Adolescence, in

DEVELOPMENTAL PERSPECTIVES ON EMBODIMENT AND CONSCIOUSNESS 281

(Willis F. Overton et al. eds.) (with Suzanne G. Fegley et al.)

2006 Understanding Vulnerability and Resilience from a Normative Development

Perspective: Implications for Racially and Ethnically Diverse Youth, in 1

HANDBOOK OF DEVELOPMENTAL PSYCHOPATHOLOGY 627 (Dante Cicchetti &

Donald J. Cohen eds.) (with Margaret Beale Spencer et al.)

2004 Nature, Nurture, and the Question of How?: A Phenomenological Variant of

Ecological Systems Theory (PVEST), in NATURE AND NURTURE: THE COMPLEX

INTERPLAY OF GENETIC AND ENVIRONMENTAL INFLUENCES ON HUMAN BEHAVIOR

AND DEVELOPMENT 53 (Cynthia García Coll et al. eds.) (with Margaret Beale

Spencer)

2003 Historical and Developmental Perspectives on Black Academic Achievement:

Debunking the "Acting White" Myth and Posing New Directions for Research, in

1 SURMOUNTING ALL ODDS: EDUCATION, OPPORTUNITY, AND SOCIETY IN THE NEW

MILLENNIUM 273 (Carol Camp Yeakey & Ronald D. Henderson eds.) (with

Margaret Beale Spencer et al.)

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Identity, Self, and Peers in Context: A Culturally-Sensitive, Developmental

Framework for Analysis, in 1 HANDBOOK OF APPLIED DEVELOPMENTAL SCIENCE:

PROMOTING POSITIVE CHILD, ADOLESCENT, AND FAMILY DEVELOPMENT THROUGH

RESEARCH, POLICIES, AND PROGRAMS 123 (Richard M. Lerner et al. eds.) (with

Margaret Beale Spencer et al.)

Identity Processes and the Positive Youth Development of African Americans: An

Explanatory Framework, in 95 NEW DIRECTIONS FOR YOUTH DEVELOPMENT 73

(Richard M. Lerner et al. eds.) (with Dena Phillips Swanson)

2002 Structural Racism and Community Health: A Theory-Driven Model for Identity

Intervention, in 2 AFRICAN AMERICAN EDUCATION: RACE, COMMUNITY,

INEQUALITY, AND ACHIEVEMENT A TRIBUTE TO EDGAR G. EPPS 259 (Walter R.

Allen et al. eds.) (with Margaret Beale Spencer & Tabitha Dell’ Angelo)

2001 Race and Gender Influences on Teen Parenting: An Identity-focused Cultural-

ecological Perspective, in 1 ADOLESCENCE AND EDUCATION 231 (Timothy Urdan

& Frank Pajares eds.) (with Margaret Beale Spencer et al.)

Encyclopedia Entries

2013 Doll Studies, in ENCYCLOPEDIA OF RACE & RACISM 2e 67 (Patrick L. Mason

ed.) (with Ahmad Khalid Qadafi & Margaret Beale Spencer)

Biracialism, in ENCYCLOPEDIA OF RACE & RACISM 2e 237 (Patrick L. Mason ed.),

(with Angeline M. Thomas & Michelle M. Muñoz-Miller)

Reconstruction Amendments, in ENCYCLOPEDIA OF RACE & RACISM 2e 483

(Patrick L. Mason ed.) (with Ryan Mitchell)

2010 U.S. v. Thind (1923), in 2 ASIAN AMERICAN HISTORY & CULTURE: AN

ENCYCLOPEDIA 363 (Huping Ling & Allan Austin eds.)

Status, in THE CHILD: AN ENCYCLOPEDIC COMPANION 954 (Richard A. Shweder,

ed.) (with Margaret Beale Spencer)

2008 Racial Identity, in 3 ENCYCLOPEDIA OF RACE, ETHNICITY, & SOCIETY 1105

(Richard T. Schaefer ed.)

2005 Racism, in 2 APPLIED DEVELOPMENTAL SCIENCE: AN ENCYCLOPEDIA OF

RESEARCH, POLICIES, AND PROGRAMS 905 (Celia B. Fisher & Richard M. Lerner

eds.) (with Margaret Beale Spencer)

2001 African American Adolescents, Identity in, in 1 ADOLESCENCE IN AMERICA: AN

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ENCYCLOPEDIA 26 (Richard M. Lerner & Jacqueline V. Lerner eds.) (with

Margaret Beale Spencer)

African American Adolescents, Research on, in 1 ADOLESCENCE IN AMERICA: AN

ENCYCLOPEDIA 30 (Richard M. Lerner & Jacqueline V. Lerner eds.) (with

Margaret Beale Spencer)

Legal & Policy Briefs

2020 American Constitution Society for Law and Policy Issue Brief on new legal

developments for race-conscious university admissions (forthcoming)

2015 Brief of Legal Scholars Defending Diversity in Higher Education as Amici Curiae

in Support of Respondents, Fisher v. Univ. of Tex. at Austin II, 136 S.Ct. 2198

(2016)(No. 14-981) (with Shakira D. Pleasant)

Defending the Constitutionality of Race-Conscious University Admissions,

American Constitution Society for Law and Policy, 9 ADVANCE: J. OF ACS ISSUE

BRIEFS 73, (Oct. 29)

Blog Posts

2019 “Serving Two Masters” Revisited: Derrick Bell, Joe Biden, and the Paradox of

Busing, Race and the Law Prof Blog (July 4)

Reprinted in 797 BLACK COMMENTATOR (July 11)

Dreams From My Father, Dreams From My Mother: Tracing the Multiple

Identities of Barack Obama and Kamala Harris, Race and the Law Prof Blog

(Feb. 23)

2018 Ideological Diversity and Africana Studies, Race and the Law Prof Blog (May 17)

2017 “It Just Means Telling the Truth”: Professor Derrick Bell’s Critical Race Theory,

Race and the Law Prof Blog (Nov. 10)

Claiming the South--and All of Its History, Race and the Law Prof Blog (Aug. 16)

Trump Administration Plans to Attack Affirmative Action, Race and the Law Prof

Blog (Aug. 2)

Why I am not “Asian” and Other Reflections on Asian American Identities, Race

and the Law Prof Blog (July 19)

A Colorable Claim of Discrimination, Race and the Law Prof Blog (Jan. 16)

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2016 The Fishing Expedition is Over: Victory for Affirmative Action in Fisher v. Texas!

HigherEducationLaw Blog (June 23) (Cross-posted on five other blogs)

The Supreme Court Vacancy: Constitutional and Political Issues, ISCOTUSnow

Blog (Institute on the Supreme Court of the United States, Chicago-Kent College

of Law) (Feb. 20)

Theorizing Racial Ambiguity, Race and the Law Prof Blog (Jan. 4)

2015 Still a Fishing Expedition: Will there be a Fisher III? ISCOTUSnow Blog

(Dec. 14)

ACS Issue Brief on Race-Conscious University Admissions: Fisher v. Texas and

Beyond, ACS Blog (American Constitution Society for Law and Policy) (Oct. 29)

A Respectful (But Not Respectable) Dissent Against Black Respectability Politics,

Race and the Law Prof (Oct. 12)

Diversity and Living Constitution Theory, ACS Blog (Sept. 15)

Fisher v. Texas, The Remix, ISCOTUSnow Blog (July 18)

Beginning the Dialogue: Global Perspectives on Colorism, Lex lata, lex ferenda –

Whitney R. Harris World Law Institute (Washington University in St. Louis)

Blog (Apr. 17)

2013 Affirmative Action Survives—For Now, Chicago-Kent Faculty Blog, (June 24)

(Cross-posted on three other blogs and hyperlinked to SCOTUSblog)

Magazine Articles

2015 Climbing on the Backs of Others: A Critique of Randall Kennedy and Barack

Obama’s Black Respectability Politics, 623 BLACK COMMENTATOR (Oct. 1)

Black? White? Asian? Asian-Indian? KHABAR MAGAZINE 28 (June Issue)

2012 Professor Derrick Bell: “Radical Humanist”, 464 BLACK COMMENTATOR (Mar.

22)

2002 White Privilege: A Challenge for Multicultural Education, 10 PHILADELPHIA

PUBLIC SCHOOL NOTEBOOK 26 (Fall Issue)

2001 Racial Identity Issues and Children of Color: A Challenge for Educators, 9

PHILADELPHIA PUBLIC SCHOOL NOTEBOOK 20 (Fall Issue)

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Bamboozled at Berkeley: John McWhorter's New Millennium Minstrel Show, 6

BLACK ARTS QUARTERLY 31 (with Raymond Gunn & Scott Brooks)

Other Short Commentary

2017 Foreword to AARON N. TAYLOR, FAHEEMAH N. MUSTAFA, & CHAD

CHRISTENSEN, DIVERSITY WITHIN DIVERSITY: THE VARIED EXPERIENCES OF

ASIAN AND ASIAN AMERICAN LAW STUDENTS, at 5 (Law School Survey of

Student Engagement, Indiana University Center for Postsecondary Research)

2015 Background and Commentary on United States v. Thind (1923), in RACE LAW 4e

263-64, 268 (F. Michael Higginbotham ed.)

2013 Diversity and Community Upliftment, DAILY PENNSYLVANIAN (Mar. 13)

2011 Tribute to Professor Derrick Bell, Derrick Bell Official Website (Oct. 11)

PRESENTATIONS

2019 Colorism and the Thirteenth Amendment, Thirteenth Amendment and Racial

Justice Conference, Chicago-Kent College of Law (November)

Civil Rights Law in Living Color, Loyola Constitutional Law Colloquium

(November)

“What is Fair in College Admissions and What Does it Mean for Campus

Communities?” panel, Penn Spectrum Weekend Triennial Conference (Oct. 5)

DesiCrit: Theorizing the Racial Ambiguity of South Asian Americans, Critical

Race Theory Workshop, Columbia University School of Law (Apr. 18) (invited

by Professor Kendall Thomas)

Affirming Affirmative Action While Negating Negative Action, National People of

Color Legal Scholarship Conference (Mar. 22)

Civil Rights Law in Living Color, Barry Constitutional Law Scholars Forum (Mar.

1)

“Confronting Racism” panel, Third Annual Shaping Justice Conference,

“Creative Solutions for Shaping Justice” University of Virginia School of Law

(Feb. 9)

DesiCrit: The Racial Ambiguity of South Asian Americans, Critical Race Theory

lecture, University of Iowa College of Law (Feb. 4) (invited by Professor Adrien

Wing)

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2018 Civil Rights Law in Living Color, Drake University Law School (Oct. 8)

“Quality Education for ALL in the 21st Century: Can We Get There from Here?”

panel, Clark 150 Conference, Drake University Law School (Sept. 28)

Equal Protection Under Color of Law, Northeast People of Color Legal

Scholarship Conference (June 1)

“Race Hate 2018” plenary panel, Northeast People of Color Legal Scholarship

Conference / Conference of Asian Pacific American Law Faculty (May 31)

(invited by Professor Donna Ford)

2017 “The First and Fourteenth Amendments” panel, “Balancing the First Amendment

with Diversity and Inclusion” Symposium, Pennsylvania State University –

Dickinson Law School (Nov. 18) (invited by Professor Carla Pratt)

Equal Protection in Living Color, Equality Law Scholars Forum (Nov. 17)

Commentator for Areto A. Imoukhuede, Fisher and the Walk Away from Equality,

Eighth Annual John Mercer Langston Black Male Law Faculty Writing

Workshop (July 9)

“Safe Spaces” and the Educational Benefits of Diversity, Annual Meeting of the

American Educational Research Association (May 1)

“What Does Resistance Look Like?” panel, Muslim Bans, Border Walls, and

America’s Promise of Equality: Why Laws (and a Law Degree) Matter -Denver

Law Pipeline Conference, Sturm College of Law, University of Denver (Mar. 31)

(invited by Professor Catherine Smith)

Diversity, Race-Conscious “Safe” Spaces, and the Marketplace of Ideas on

Campus, Mid-Atlantic People of Color Legal Scholarship Conference (Jan. 28)

“Constitutional Law and Civil Rights Law Developments” plenary panel, Mid-

Atlantic People of Color Legal Scholarship Conference (Jan. 28) (invited by

Professor Kim Forde-Mazrui)

2016 Diversity, Academic Freedom, and Race-Conscious “Safe Spaces” on Campus,

Loyola (Chicago) Constitutional Law Colloquium (Nov. 5)

Affirmative Action after Fisher v. Texas II, Diversity Roundtable for Perkins Coie

LLP, Phoenix, AZ Office (Oct. 27)

“Abigail Fisher and Penn: How the Supreme Court decision could affect the

composition of the Incoming Class” panel, Penn Spectrum Weekend Triennial

Conference (Sept. 24)

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“Two Warring Ideals in One Dark Body”: Acting White while Living Black,

Seventh Annual John Mercer Langston Black Male Law Faculty Writing

Workshop (July 9)

From the Clarks’ Doll Studies to “Acting White”: What Have We Learned About

Black Racial Identity Development Since Brown? Critical Race Studies in

Education Association Annual National Conference (June 3)

De Facto Segregation, Diversity, and Disparities: Fisher v. Texas, the Remix.

Annual Meeting of the Law and Society Association (with Shakira D. Pleasant)

(June 2)

“Race and Class in Higher Education” panel, Yale Critical Race Theory

Conference (Apr. 9)

From Footnote 11 to “Acting White”: A Reflection on Black Racial Identity

Development. Mid-Atlantic People of Color Legal Scholarship Conference

(Jan. 30)

2015 Theorizing Racial Ambiguity: The Case of South Asian Americans, Duke Center

on Law, Race, and Politics Conference, “The Present and Future of Civil Rights

Movements: Race and Reform in 21st Century America,” (Nov. 21)

Compelling Interest: Educational Benefits of Diversity and Race-Consciousness,

Loyola (Chicago) Annual Constitutional Law Colloquium (Nov. 6)

Race-Conscious Campus Spaces and the Compelling Interest in Diversity,

Association for the Study of Higher Education Annual Conference, Council on

Ethnic Participation Forum (Nov. 4)

DesiCrit: Theorizing the Racial Ambiguity of South Asian Americans, Race and

the Law lecture, Wayne State University School of Law (Oct. 7) (invited by

Professor Blanche Cook)

Comparative Theorizing on the Racial Ambiguity of South Asian and Latina/o

Americans, Annual Meeting of the Society for the Study of Social Problems (Aug.

21) (invited by Professor Marlese Durr)

DesiCrit: Theorizing the Racial Ambiguity of South Asian Americans, South

Asian Legal Academics Workshop (July 31)

DesiCrit: Theorizing the Racial Ambiguity of South Asian Americans, Critical

Race Studies in Education Association Annual National Conference (May 29)

“Where We Stand: Affirmative Action and Asian Americans” panel, UCLA Law

Asian Pacific American Law Journal Symposium, “Under the Radar” (Apr. 18)

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“Understanding Color Distinctions in Asia” panel, “Global Perspectives on

Colorism” Conference, Washington University St. Louis School of Law (Apr. 3)

(invited by Professor Kimberly Norwood)

“Developing a Professional Identity as a Law Professor of Color: Past, Present,

and Future” panel, Southeast-Southwest People of Color Legal Scholarship

Conference (Mar. 21)

DesiCrit: Theorizing the Racial Ambiguity of South Asian Americans, Annual

Meeting of Association for Study of Law, Culture, and Humanities (Mar. 7)

Narrowly Tailored But Broadly Compelling: Defending Race-Conscious

Admissions After Fisher, Mid-Atlantic People of Color Legal Scholarship

Conference (Jan. 31)

DesiCrit: Theorizing the Racial Ambiguity of South Asian Americans,

Mid-Atlantic People of Color Legal Scholarship Conference (Jan. 30)

2014 “Using Data to Devise Admission Criteria” panel, Law School Survey of Student

Engagement (LSSSE) 10th Anniversary Symposium, Saint Louis University

School of Law (Nov. 7) (invited by Professor Aaron Taylor)

Moderator for “The Impact of Property Rights on Civil Rights” panel, Savannah

Law Review Symposium, “[Re]Integrating Spaces” (Sept. 20)

Narrowly Tailored But Broadly Compelling: Defending Race-Conscious

Admissions After Fisher, Annual Meeting of the Law and Society Association

(May 31)

“Affirmative Action in Education: How It Began and Where We Are Today”

panel, N.Y.U. Review of Law and Social Change Symposium, “Diversity in

Education and the Future of Affirmative Action” (Apr. 4)

Racial Identity Development and Achievement: From the Clarks' Doll Studies to

the “Acting White” Phenomenon, The College of New Jersey, School of

Education (Mar. 18) (invited by Professor Tabitha Dell’Angelo)

Fisher v. Texas panel, University of Pennsylvania Journal of Constitutional Law

Symposium, “Educational Inequality and the 14th Amendment in the 21st

Century” (Jan. 24)

2013 Race-Consciousness Across Domains, Human Development Proseminar,

University of Chicago (Nov. 19) (invited by Professor Margaret Beale Spencer)

Race-Consciousness as Part of the Compelling Interest in Diversity, Loyola

(Chicago) Annual Constitutional Law Colloquium (Nov. 1)

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Defining the Diversity Interest, Biennial Latina and Latino Critical Legal Theory,

Inc. (LatCrit) Conference (Oct. 4)

Legal Matters panel at “Penn Spectrum: An Alumni Conference Celebrating

Diversity,” University of Pennsylvania (Sept. 21)

Diversity's Doctrinal Distractions, Chicago-Kent College of Law (Sept. 4)

More on Diversity’s Distractions, Chicago Junior Faculty Workshop, DePaul

University College of Law (Aug. 13)

Charting the “Sunset”: The Future of Race-Conscious Admissions Policies,

Fourth Annual John Mercer Langston Black Male Law Faculty Writing

Workshop (July 13)

Charting the “Sunset”: The Future of Race-Conscious Admissions Policies,

Houston Higher Education Law Roundtable (June 3)

Fisher v. Texas and the Constitutional Cost-Benefit Analysis for Race-Conscious

Policies, Annual Meeting of the Law and Society Association (May 31)

DesiCrit: Theorizing the Racial Ambiguity of South Asian Americans, Advanced

Critical Race Theory Workshop, UCLA School of Law (Apr. 10) (invited by

Professor Devon Carbado)

“Importance of Diversity in Education” panel, University of Pennsylvania School

of Law (Mar. 28)

Constitutionality of Race-Conscious Admissions, Distinguished Speaker Series,

Illinois Attorney General’s Office, Chicago Main Office (Mar. 13)

Diversity Within Racial Groups and the Constitutionality of Race-Conscious

Admissions, Black Allied Law Students Association (BALSA) Political Action

Speaker Series, New York University School of Law (Feb. 12)

Racial Ambiguity, Racial Microclimes, and the Racialization of South Asian

Americans, “Critical Race Theory: From the Academy to the Community”

Conference, Yale Law School (Feb. 9)

Theorizing Racial Ambiguity: The Case of South Asian Americans, Conference of

Asian Pacific American Law Faculty (CAPALF) (Feb. 2)

Commentator for Peter H. Huang, Tiger Nation: Law, Economics, and

Psychology of Diversity, at the Conference of Asian Pacific American Law

Faculty (CAPALF) (Feb. 2)

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2012 Diversity Within Racial Groups and the Constitutionality of Race Conscious

Admissions, Loyola (Chicago) Annual Constitutional Law Colloquium (Nov. 2)

Diversity Within Racial Groups and the Constitutionality of Race-Conscious

Admissions, “The Potential Impact of Fisher on Legal Education” (Opening

Plenary), Northeast People of Color Legal Scholarship Conference (Oct. 26)

Diversity Within Racial Groups and the Constitutionality of Race-Conscious

Admissions, University of Pennsylvania Journal of Constitutional Law lecture

(Oct. 8)

From Roach Powder to Radical Humanism: Professor Derrick Bell’s Critical

Constitutional Pedagogy, Poster at Society for American Law Teachers Teaching

Conference (Oct. 5)

From Roach Powder to Radical Humanism: Professor Derrick Bell and the

Dualities of Critical Constitutional Pedagogy, “Building the Arc of Justice: The

Life and Legal Thought of Derrick Bell” Symposium, Western New England

University Law School (Sept. 28)

Commentator for Herbert C. Brown, A Crowded Room or the Perfect Fit?:

Exploring Affirmative Action Programs for LGBT Individuals, Third Annual John

Mercer Langston Black Male Law Faculty Writing Workshop (June 30)

Stigma, Social Science, and the Legacy of the Clarks’ Doll Studies, Annual

Meeting of the Law and Society Association (June 7)

Moderator for “Lawyering and the Adversarial System in Context” Panel,

“Rethinking Harper Lee’s To Kill A Mockingbird Fifty Years Later:

A Critical Race Perspective On Atticus Finch, Tom Robinson And Maycomb

County, Alabama Symposium, Seattle University School of Law (Mar. 9)

2011 Race-Consciousness and Holistic Admissions after Grutter, Second Annual John

Mercer Langston Black Male Law Faculty Writing Workshop (June 25)

A “Critical” Discourse on Diversity: Fisher v. Texas and the Meaning of

“Critical Mass”, Annual Meeting of the Law and Society Association (June 4)

Explaining What 'Acting White' Really Means: Racial Identity and the Black-

White Achievement Gap, Social Justice Mondays, Seattle University School of

Law (Feb. 7)

2009 Ambiguity, Ambivalence, and Awakening: The Future of Critical Race Theory,

Critical Race Theory 20 Conference, University of Iowa School of Law (Apr. 4)

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2008 Formal, Material, and Symbolic modes of Racialization: Examining South Asian

Americans’ Access to Whiteness, Thirteenth Annual LatCrit Conference (Oct. 4)

“Kenneth and Mamie Clark Revisited: Unfinished Business of 21st Century

Disparities and Policy Inadequacies,” Presidential Session, Annual Meeting of the

American Educational Research Association (Mar. 24) (invited by Professors

Margaret Beale Spencer and William F. Tate)

“To Be or Not to Be ‘White’: Racial Identification and Classification of People of

Color in 21st Century America” panel, “Can People of Color Become a United

Coalition?: Legal and Political Debates for Twenty-First Century America”, NYU

Law Students of Color Symposium (Mar. 4)

2007 Racial Stereotypes and Achievement-linked Identity: Counterstereotypic Coping

among High Achieving Black Adolescents, 102nd Annual Meeting of the

American Sociological Association (Aug. 14)

Formal, Material, and Symbolic Modes of Racialization: Examining South Asian

Americans’ Access to Whiteness, Berlin 2007 Joint Annual Meetings of the Law

and Society Association and Research Committee on Sociology of Law (July 26)

Moderator for “Social Science Implications of Race-Based Jurisprudence” panel,

“Affirmed or Denied? The Future of Affirmative Action and Race Based Social

Policy in America” NYU Students of Color Symposium (Apr. 3)

Moderator for “Restricting Violent Speech or Shackling Civil Liberties? The

Legal Significance of the N-Word”, NYU Black Allied Law Students

Association Symposium, NYU School of Law (Mar. 28)

2006 Racial Stereotypes and Achievement-Linked Identity: Counterstereotypic Coping

among High Achieving Black Adolescents, Annual Meeting of the American

Educational Research Association (Apr. 8)

2004 Genetic, Racial and Cultural Determinism in Discourse on Black Athletes: A

Critique of Entine’s Taboo and Hoberman’s Darwin’s Athletes, 99th Annual

Meeting of the American Sociological Association (Aug. 14)

Simple Justice or Complex Injustice?: The Ironic Legacies of Brown v. Board of

Education, Annual Meeting of the American Educational Research Association

(Apr. 14)

Simple Justice or Complex Injustice: The “Double-Consciousness” of Brown v.

Board of Education, Annual Conference of the National Association for Ethnic

Studies, Inc. (Apr. 3)

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Moderator for panel on affirmative action, 3rd Mid-Atlantic Asian/Pacific

American Law Students Association conference, University of Pennsylvania

School of Law (January 31)

2003 Ambiguous Scapegoats: Critical Race Theory and the Racialization of South

Asians in the U.S., 98th Annual Meeting of the American Sociological

Association (Aug. 16)

2002 South Asian Americans and the Social and Political Construction of Race,

“Global and Local Dimensions of Asian America: An International Conference on

Asian Diasporas,” University of California, Berkeley (May 11)

Resilience in Context: Neighborhood Factors Impacting the Academic Success of

High-Achieving, Low Resource, Urban Minority Youth, Biennial Meeting of the

Society for Research on Adolescence (Apr. 14) (with Margaret Beale Spencer et

al.)

Ethnic Identity, Academic Achievement, and Psychosocial Well-Being: A Model

for Research and Practice, Eleventh International Roundtable on School, Family,

and Community Partnerships (Apr. 1) (with Margaret Beale Spencer et al.)

2001 Testosterone and Aggressive Attitudes in African American Adolescent Males: A

Phenomenological Variant of Ecological Systems Theory (PVEST) analysis,

Biennial Meeting of the Society for Research in Child Development (Apr. 19)

Racial Stereotyping and Black Athletic Achievement: Developmental and Ethical

Considerations, Biennial Meeting of the Society for Research in Child

Development (Apr. 19)

Adolescent Identity processes and Academic Achievement: Challenging the

“Acting White” Assumption, Annual Meeting of the American Educational

Research Association (Apr. 11) (with Margaret Beale Spencer et al.)

Nature, Nurture, and the Question of How?: A Phenomenological Variant of

Ecological Systems Theory (PVEST), “Genetic Influences on Human Behavior

and Development” Conference, Brown University Center for Study of Human

Development (Apr. 5) (with Margaret Beale Spencer)

South Asian American Racial Identity: Straddling the Color Line?, Annual

Meeting of the Association of Asian American Studies (Mar. 29)

2000 Respondent to Keynote Address, Richard Kahlenberg, The Remedy: Class, Race,

& Affirmative Action, “Rethinking the Remedy: The Future of Affirmative Action

in Higher Education and in the Workplace” Conference, University of

Pennsylvania (Feb. 25)

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1999 Phenomenological Variant of Ecological Systems Theory (PVEST): A Conceptual

Framework for Discussing Resiliency, Kellogg Children's Resiliency group (May

27) (with Margaret Beale Spencer et al.)

1998 Structural Racism and Community Health: A Model for Identity Intervention,

Aspen Institute Roundtable on Comprehensive Community Initiatives on Race,

Conference on Race and Community Revitalization (Nov. 14) (with Margaret

Beale Spencer)

1997 The Medical School March: Advising Minorities Successfully, National

Conference of the National Academic Advising Association (Oct. 6) (with Jeanne

Victoria C. Orner)

The Medical School March: Advising Minorities Successfully, Mid-Atlantic

Conference of the National Academic Advising Association (May 2) (with Jeanne

Victoria C. Orner)

1995 Isolation and Characterization of Microsatellite Markers in the Rabbit Genome,

Poster at 9th North American Colloquium on Domestic Animal Cytogenetics and

Gene Mapping (July17-20) (with Vasudha A. Bhide et al.)

MEDIA COMMENTARY

2019 David A. Love, US higher education: A system of meritocracy that never was,

ALJAZEERA (Mar. 26)

Camille G. Caldera and Sahar M. Mohammadzadeh, Harvard Admissions Trial

Ruling Will Determine Facts for Future Appeals, Experts Say, HARVARD

CRIMSON (Feb. 20)

2018 Patricia Hurtado, The Future of College Admissions: Experts Weigh the Harvard

Case, BLOOMBERG (Nov. 12)

Aidan F. Ryan, Texas Group Sues Harvard Law Review for Using ‘Race and Sex’

to Select Members, HARVARD CRIMSON (Oct. 9)

Delano R. Franklin, Idil Tuysuzoglu, & Samuel W. Zwickel, Experts: Harvard,

Yale Probes Signal Future Federal Attacks On Affirmative Action, HARVARD

CRIMSON (Oct. 5)

David A. Love, Bill Cosby's fall ripples through the #MeToo movement, NBC

NEWS BLK (Sept. 26)

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Delano R. Franklin & Samuel W. Zwickel, DOJ Broadside Against Harvard

Admissions Hints at Federal Intent to Sue, Experts Say, HARVARD CRIMSON

(Sept. 2)

Angela N. Fu & Lucy Wang, Revelations in Harvard Admissions Suit Unlikely to

Prove Discrimination, Experts Say, HARVARD CRIMSON (June 19)

Delano R. Franklin & Idil Tuysuzoglu, An Inflection Point: High Stakes as

Harvard Admissions Trial Approaches, HARVARD CRIMSON (May 23)

“It Certainly Sends Alarm.” Savannah Professor Analyzes Rising Number Of

School Threats, WSAV News 3 (Savannah, GA) (Apr. 5)

David Love, As U.S. Becomes More Diverse, What Role Will Nonwhites Play In

Furthering White Supremacy? ATLANTA BLACK STAR (Jan. 3)

2017 Deirdre Fernandes, Justice Department investigating Harvard over its admission

policies, BOSTON GLOBE (Nov. 21)

Benjamin Wermund, Trump administration sparks age-old affirmative action

fight, POLITICO (Aug. 4)

Deirdre Fernandes, The majority of Harvard’s incoming class is non-White,

BOSTON GLOBE (Aug. 2)

Joel Stashenko, N.Y. Ruling, a First, Says Excluding Juror Based on Skin Tone Is

Prohibited, NEW YORK LAW JOURNAL (Jan. 3)

2016 David Love, Little Rock 9: In Seeking School Desegregation Rather than Quality

Education, Did Black People Miss the Forest for the Trees? ATLANTA BLACK

STAR (Sept. 4)

David Love, The 14th Amendment Gave Black People U.S. Citizenship 150 Years

Ago — What Will It Take for True Freedom?, ATLANTA BLACK STAR (July 28)

Nathalie Baptiste, Supreme Court Affirmative Action Ruling Sets Precedent for

Pending Cases, AMERICAN PROSPECT (June 27)

Caroline Simon, Why the Supreme Court's decision on affirmative action in

college admissions was so surprising, BUSINESS INSIDER (June 23)

Jon Victor, Supreme Court ruling upholds affirmative action in college

admissions, YALE DAILY NEWS (June 23)

Marc Torrence, U.S. Supreme Court Affirmative Action Decision Says Race Can

Be Considered In College Admissions, PATCH MEDIA (June 23)

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Nathalie Baptiste, University of Texas Affirmative Action Program in Peril,

AMERICAN PROSPECT (June 8)

David Love, 120 Years After the Plessy Decision, Has Jim Crow Segregation

Ended or Evolved?, ATLANTA BLACK STAR (May 18)

David Love, Opposing Views: What a Trump Presidency Would Look Like for

Black America, ATLANTA BLACK STAR (Apr. 14)

Thomas Vogel, If SCOTUS Calls, Shortlist Veteran Judge Wood Will Answer,

MEDILL REPORTS CHICAGO (Northwestern Univ. School of Journalism) (Mar. 1)

2014 Schuette v. Coalition to Defend Affirmative Action: Behind the Decision, Institute

on the Supreme Court/Oyez Project video (June 9)

HUFFPOST LIVE discussion of affirmative action (Apr. 22)

2013 Schuette v. Coalition to Defend Affirmative Action: Inside the Case, Institute on

the Supreme Court /Oyez Project video (Oct. 11)

Ellyn Fortino, Legal Experts: SCOTUS Decision Leaves Affirmative Action ‘Up

In The Air’, PROGRESS ILLINOIS (July 2)

John Schwartz & Richard Pérez-Peña, Lacking Definitive Ruling on Affirmative

Action, Both Sides Claim Victory, N.Y. TIMES, June 25, at A12

PROFESSIONAL & COMMUNITY SERVICE

Public Interest

Co-authored U.S. Supreme Court amicus brief in Fisher v. University of Texas at Austin II,

136 S.Ct. 2198 (2016) (defending race-conscious admissions).

Served as Of Counsel to Akin Gump LLP for Brief of Amici Curiae Fred T. Korematsu

Center for Law and Equality et al. in Support of Defendant-Appellant in People v.

Bridgeforth, 69 N.E.3d 611 (N.Y. 2016) (arguing for remedy to skin color discrimination).

Author of issue briefs and blog posts defending race-conscious university admissions for

American Constitution Society for Law and Policy.

Advisor to Intervenors in Students For Fair Admissions, Inc. v. Univ. of N.C.-Chapel Hill,

No. 1:14-cv-00954-TDS-JLW (M.D.N.C. 2017) (defending race-conscious admissions).

Advisor to coalition of civil rights organizations (led by NAACP-LDF) on U.S. Supreme

Court amicus briefs in support of Respondents in Fisher v. Univ. of Tex. at Austin II, 136

S.Ct. 2198 (2016) (defending race-conscious admissions policies).

Advisor to Society of American Law Teachers for U.S. Supreme Court amicus briefs in

Fisher v. University of Texas I (2013) and II (2016), and Schuette v. Coalition to Defend

Affirmative Action (2014) (defending race-conscious admissions).

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Ad Hoc Peer Review

Child Development

New Directions for Child and Adolescent Development

Ethnic and Racial Studies

Ethnicities

Race and Social Problems

Journal of College and University Law

Asian American Journal of Psychology

Compare: A Journal of Comparative and International Education

Editorship

Race and the Law Prof Blog (Editor & Contributor, 2016- )

Editor for Chapter 14.1 - Federal Constitutional Powers Over Education, in LAW OF HIGHER

EDUCATION (William A. Kaplin, Barbara A. Lee, Neal H. Hutchens, & Jacob H. Rooksby

eds., 2019)

Board Membership

Society of American Law Teachers, Board of Governors (2017- )

New York University - Law Alumni of Color Association, Executive Board (2007-13)

Educational Outreach

Assisted high school student in Los Angeles with proposal for documentary on skin color

discrimination in Asia (2018).

Interviewed by middle school student in Lexington, Kentucky for her National History Day

documentary, The Little Rock Nine: A Stand Against School Segregation (2017).

Assisted with lessons on constitutional law and race-conscious university admissions in high

school social studies classes at NYC iSchool (2015-16).

INSTITUTIONAL SERVICE

University of New Mexico School of Law

Student Retention, Suspension, and Readmission Committee (2019-20)

Honors and Awards Committee (2019-20)

Savannah Law School

Faculty Development Committee (Chair, 2016-17)

Admissions Committee (2014-15, 2016-2018)

Curriculum Committee (2014-2018)

Visiting Faculty Appointments Committee (2016)

Faculty Advisor to The Oak (student newsletter) (2017-18)

Chicago-Kent College of Law

Diversity Committee (2012-14)

Faculty Advisor to Black Law Students Association (2013-14)